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All Journal Proceeding ISETH (International Summit on Science, Technology, and Humanity) Indonesian Journal of Islamic Economic Law
Isman, I
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Religion Computer Science & IT Economics, Econometrics & Finance Engineering Law, Crime, Criminology & Criminal Justice Medicine & Pharmacology Social Sciences Other

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Reinterpretation of Maqasid Sharia of Post Pandemic Islamic Fintech Lending Regulation in Indonesia Abdullah, Hasna Mumtaza; Isman, I
Proceeding ISETH (International Summit on Science, Technology, and Humanity) 2025: Proceeding ISETH (International Summit on Science, Technology, and Humanity)
Publisher : Universitas Muhammadiyah Surakarta

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Purpose: This study aims to reinterpret maqasid al-shariah, particularly hifdz al-mal and tahqiq al-maslahah, in assessing the post-pandemic regulatory framework of sharia fintech lending in Indonesia based on OJK Regulation No. 10/POJK.05/2022 and DSN–MUI Fatwa No. 117/2018. It seeks to evaluate the extent to which these regulations respond to emerging risks from the integration of artificial intelligence (AI), big data, and blockchain, while supporting sustainable financial inclusion. Methodology: Employing a qualitative normative juridical approach, this research analyzes positive law (OJK regulations, UU ITE, UU PDP) and DSN-MUI fatwas through content analysis combined with a maqasid al-shariah framework. Secondary data from statutes, fatwas, policy documents, and contemporary literature on Islamic fintech and maqasid al-shariah are systematically examined to map regulatory provisions on contracts, transparency, risk mitigation, consumer protection, and data governance. Results: The findings show that the existing framework has facilitated the growth of sharia P2P lending and supported financial inclusion and MSME empowerment, yet it remains only partially aligned with maqasid al-shariah. Gaps persist in the form of digital gharar arising from opaque AI-based scoring, potential embedded riba in risk-pricing, and vulnerabilities in personal data protection that are not fully addressed by current regulations. Applications/Originality/Value: This study offers a maqasid-based reinterpretation of sharia fintech lending regulation in the post-pandemic era by proposing regulatory ijtihad on algorithmic transparency, sharia-compliant smart contracts, and data protection standards. It contributes a conceptual model of shariah tech governance that integrates fiqh muamalah, positive law, and ethical technology principles, thereby positioning sharia fintech as a vehicle for sustainable financial inclusion and the achievement of SDGs 8 and 10.
The Concept of Istihsan and Its Application in Sharia Economic Fatwas Annisa, Indira Rahma; Isman, I; Rosyadi, Imron
Proceeding ISETH (International Summit on Science, Technology, and Humanity) 2025: Proceeding ISETH (International Summit on Science, Technology, and Humanity)
Publisher : Universitas Muhammadiyah Surakarta

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This study aims to analyze the concept of istihsan in usul al-fiqh and examine its relevance and application in sharia economic fatwas as a response to the complexity of modern economic transactions that cannot always be resolved through general rules or qiyas jali. The research methodology used is a qualitative approach with a library research type and is normative in nature, with primary data in the form of fatwas from the National Sharia Council-Indonesian Ulema Council (DSN-MUI) relating to contemporary contracts and transactions, such as salam contracts, istisna', mu'āṭāh sales, sharia electronic money, and sharia fintech services, as well as secondary data in the form of ushul fikih and fikih muamalah literature. The analysis was conducted through content analysis and comparative-argumentative analysis to assess the shift in legal rulings from qiyas jali to the istihsan approach. The results of the study show that istihsan is used explicitly in sharia economic fatwas through various forms, such as istihsan bi al-nash, istihsan bi al-maslahah, and istihsan bi al-'urf, in order to realize benefits, justice, and convenience without violating the basic principles of sharia, particularly the prohibition of usury, gharar, and injustice. This study confirms that istihsan is a valid and relevant method of ijtihad in the development of Islamic economic fatwas, and has original value in demonstrating the adaptability of Islamic law to contemporary economic dynamics while remaining oriented towards the maqashid of Sharia.
Business Losses and Force Majeure in Murabahah Disputes (Legal Analysis of Supreme Court Decision No. 179 K/Ag/2017) Permatasari, Wulandari Dewi; Isman, I; Hakim, Lukmanul
Proceeding ISETH (International Summit on Science, Technology, and Humanity) 2025: Proceeding ISETH (International Summit on Science, Technology, and Humanity)
Publisher : Universitas Muhammadiyah Surakarta

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This paper analyzes Supreme Court Decision No. 179 K/Ag/2017 on murabahah financing disputes. It focuses on force majeure, the principle of pacta sunt servanda, and good faith in assessing debtor business losses. This analysis helps explain the Supreme Court's decision within the framework of Islamic economic law. The method used is philosophical jurisprudence, with a descriptive-analytical approach to the decision. This approach clarifies how judges consider force majeure, pacta sunt servanda, and the good-faith standard. The study found that the force majeure argument was rejected because there was no direct causal link between the BPJS policy and the business losses. As a result, pacta sunt servanda still applies. The debtor's good faith was not enough to exempt them from murabahah payment obligations. Theoretically, the decision affirms that the limits of force majeure in murabahah contracts reinforce the principles of pacta sunt servanda and good faith. The practical implication is that the decision guides Islamic banking practitioners and customers. Proof of force majeure must include direct causality between regulatory uncertainty and business risk. Without this proof, the judge will apply the principles of pacta sunt servanda and good faith. This study contributes to the development of Islamic contract law by emphasizing the consistency of judicial interpretations of extraordinary circumstances. It highlights the importance of the burden of proof in establishing the existence of force majeure in Islamic nancing disputes. By strengthening legal certainty, this decision promotes responsible risk management and contractual compliance in murabahah transactions. Ultimately, the ruling supports a balance between justice and legal certainty in resolving disputes under Islamic economic law.
Co-Authors Abdullah, Hasna Mumtaza Andri Nirwana AN Annisa, Indira Rahma Diniyah, Dita Nurul Imron Rosyadi Lukmanul Hakim Muttaqin, Ahmad Zainul Novita, N Nugroho, Bramantyo Suryo Permatasari, Wulandari Dewi Risdayani, R Setyawati, Afifah Yuli SYAMSUL HIDAYAT Widodo, Prima Ariyo Widodo, Prima Aryo Yuli Setyowati